What if a civil lawsuit involves fraud?
If a civil case does not involve fraud, it can be tried separately; If there are two cases involving criminal fraud, the criminal case shall be conducted first, and then the civil case shall be tried. If it is a civil fraud, the court will try it in accordance with the corresponding laws and regulations.
The difference between criminal fraud and civil fraud;
Criminal fraudsters resort to unscrupulous means for illegal possession, and the amount of property defrauded is often huge, which seriously disrupts China's reform and opening up and market economic order. Article 266 of China's Criminal Law stipulates: "Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. "
In order to escape the punishment of the law, criminal fraudsters often use fake identities, fake documents and even fake names and addresses while fabricating facts, in order not to be investigated by law after they succeed. Although fraud is also illegal, its severity is still within the scope of civil violations. With regard to civil fraud, Article 58 of the General Principles of the Civil Law of China stipulates: "A civil act committed by one party in violation of its true meaning by means of fraud or coercion or by taking advantage of the danger of others is invalid." For invalid civil acts, the law stipulates that both parties should return the property, and the fraudster should compensate the other party for the losses.
The subjective purpose of the civil fraudster is to make the victim have a wrong understanding, do things that are unfavorable to him and beneficial to the fraudster, and seek illegal interests through the legal form of "fulfilling obligations". Its essence is "illegal profit", and subjective intention is indirect. On the other hand, fraud is different. Subjectively, the actor has no motivation to undertake obligations at all, but only attempts to fabricate facts to confuse the victim into being deceived, hand over property and illegally possess it. Its subjective intention is direct.
If fraud is involved in a civil case, it may constitute a crime of fraud and belong to a criminal case. At this time, criminal cases should be tried first, and then civil cases should be tried. Criminal cases can also be accompanied by civil actions.